- 61 - the Philadelphia Service Center stating that a “Pure Trust” organization has no filing requirements. We wish to advise you that the term “Pure Trust” is not used in the Internal Revenue Code. Whatever the name of the trust arrangement, the taxation of the entity must comply with the requirements of the Internal Revenue Code. These requirements are based upon the economic reality of the arrangement, not its nomencla- ture. * * * * * * * In your response to out [sic] letter dated May 1, 1997, you stated that no beneficiary disbursements were made and that no Forms K-1 were necessary. From this statement, we conclude that the trusts have not treated you as their owners, although it appears to us it should have done so. We note also that you did not report the trust income, deductions and credits on your personal return for 1995. Accordingly, the trusts are required to file their own returns. With this law in mind, we request that you file Forms 1041 for the Sandbar Wholesale Trust and Sandbar Real Estate Trust with us on or before August 18, 1997. In addition, we request that you provide us with the following documen- tation for the tax year ended December 31, 1995: 1. The case [sic] receipts and disbursements journals for each trust; 2. The checking and savings accounts for each trust (along with cancelled checks and deposit slips); 3. A copy of the managing agent’s compensation agreement referred to in the trust agreement; 4. A copy of Schedule A and the Addendum referred to in each trust document; and 5. Any statements issued to you from the trusts informing you of the trusts’ income, deductions and credits that you are required to report on your per- sonal return for 1995 * * *. On September 29, 1997, Mr. Barmes responded in writing (Mr. Barmes’ letter dated September 29, 1997) to revenue agent Ar-Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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